South Carolina General Assembly
115th Session, 2003-2004
Journal of the House of Representatives

Tuesday, May 18, 2004
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 43:1: "Fear not, for I have redeemed you; I have summoned you by name, you are Mine."
Let us pray. Almighty God, You are the source of every blessing. As You have called each of these Members and staff to carry out the work of government in this State, provide them with the will, the desire, the courage, and the integrity to produce results. Guard and guide each to do Your will. Bless our President, Governor, and those who assist them. Protect our defenders of freedom, especially those in harms way. Comfort those who wait at home. In Your name we pray. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. NEILSON moved that when the House adjourns, it adjourn in memory of Allan Gaulin, which was agreed to.

MESSAGE FROM THE SENATE

The following was received:

Columbia, S.C., May 18, 2004
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 313, H. 4793 by a vote of 46 to 0.

(R313) H. 4793 (Word version) -- Reps. Kennedy, Harvin and Snow: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 27 AND 28, 2004, BY THE STUDENTS OF A SCHOOL IN THE WILLIAMSBURG COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO ICE OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
Very respectfully,
President
Received as information.

CONFIRMATION OF APPOINTMENT

The following was received:

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 1, 2004
Mr. Speaker and Members of the House of Representatives:

I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the General Assembly and is therefore, submitted for your consideration.

LOCAL APPOINTMENT

Sumter County Master-in-Equity
Term Commencing: December 31, 2004
Term Expiring: December 31, 2010
Seat: Master-in-Equity

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2903
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Total Maximum Daily Loads for Pollutants in Water
Received by Speaker of the House of Representatives
May 18, 2004
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration September 15, 2004 (Subject to Sine Die Revision)

CONCURRENT RESOLUTION

The following was introduced:

H. 5261 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE ENNIS BRYANT, SCHOOL DISTRICT ADMINISTRATOR FOR LEE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-FIVE YEARS AS A TEACHER, COACH, AND ADMINISTRATOR FOR SOUTH CAROLINA PUBLIC SCHOOLS AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 5262 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

H. 5263 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GIFTED AND TALENTED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2878, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

HOUSE RESOLUTION

On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:

H. 5264 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS VARSITY SOCCER TEAM AND HEAD COACH PHIL SAVITZ, AND OTHER SCHOOL OFFICIALS, ON THURSDAY, MAY 20, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING AND HONORING THE TEAM FOR WINNING THEIR FIFTEENTH CLASS AAAA STATE SOCCER CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the Irmo High School "Yellow Jackets" Boys Soccer Team of Lexington County, Head Coach Phil Savitz, and other school officials, on Thursday, May 20, 2004, at a time to be determined by the Speaker, for the purpose of congratulating and honoring the team for winning their fifteenth Class AAAA State Soccer Championship Title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5265 (Word version) -- Rep. Huggins: A CONCURRENT RESOLUTION TO CONGRATULATE AND HONOR THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS VARSITY SOCCER TEAM AND HEAD COACH PHIL SAVITZ ON WINNING THEIR FIFTEENTH CLASS AAAA STATE CHAMPIONSHIP AND TO WISH THEM CONTINUED SUCCESS IN ALL THEIR FUTURE ENDEAVORS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5266 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS VARSITY GOLF TEAM, COACH R. J. BEACH, AND OTHER SCHOOL OFFICIALS, ON WEDNESDAY, MAY 19, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THEM ON WINNING THEIR SIXTH CLASS A STATE GOLF CHAMPIONSHIP IN NINE YEARS.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina extend the privilege of the floor to the members of the Christ Church Episcopal School Boys Varsity Golf Team, Coach R. J. Beach, and other school officials, on Wednesday, May 19, 2004, at a time to be determined by the Speaker, for the purpose of recognizing and congratulating them on winning their sixth Class A State Golf Championship in nine years.

H. 5268 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CHRIST CHURCH EPISCOPAL SCHOOL SAT TEAM OF GREENVILLE, ON WEDNESDAY, MAY 19, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF CONGRATULATING THEM ON THEIR COLLABORATIVE EFFORTS AND HARD WORK IN CAPTURING THE 2004 CLASS A STATE CHAMPIONSHIP TITLE.

Be it resolved by the House of Representatives:

That the members of the House of Representatives extend the privilege of the floor to the Christ Church Episcopal School SAT Team of Greenville on Wednesday, May 19, 2004, at a time to be determined by the Speaker, for the purpose of congratulating them on their collaborative efforts and hard work in capturing the 2004 Class A State Championship Title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5269 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE "CAVALIER" SOCCER TEAM OF CHRIST CHURCH EPISCOPAL SCHOOL, COACHES, AND SCHOOL OFFICIALS ON WEDNESDAY, MAY 19, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON GARNERING ITS FOURTH CONSECUTIVE STATE CLASS A CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the "Cavalier" Soccer Team of Christ Church Episcopal School, coaches, and school officials on Wednesday, May 19, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on garnering its fourth consecutive State Class A Championship.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5273 (Word version) -- Rep. Wilkins: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE CHRIST CHURCH EPISCOPAL SCHOOL BOYS VARSITY TENNIS TEAM ON WEDNESDAY, MAY 19, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR 2004 CLASS A-AA STATE CHAMPIONSHIP WIN.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, staff, and other school officials of the Christ Church Episcopal School Boys Varsity Tennis Team on Wednesday, May 19, 2004, at a time to be determined by the Speaker to congratulate them on their 2004 Class A-AA State Championship win.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. HUGGINS, with unanimous consent, the following was taken up for immediate consideration:

H. 5274 (Word version) -- Reps. Huggins and McLeod: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE 2004 CHAPIN HIGH SCHOOL "FIGHTING EAGLES" GOLF TEAM, COACHES, AND SCHOOL OFFICIALS ON THURSDAY, MAY 20, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SCHOOL'S HISTORIC FIRST CLASS AA SOUTH CAROLINA TEAM GOLF TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the 2004 Chapin High School "Fighting Eagles" Golf Team, coaches, and school officials on Thursday, May 20, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on the school's historic first Class AA South Carolina team golf title.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5275 (Word version) -- Reps. Lourie and Harrison: A HOUSE RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE A.C. FLORA HIGH SCHOOL GOLF TEAM AND HEAD COACH HARRY HUNTLEY FOR THEIR OUTSTANDING STATE CHAMPIONSHIP WIN IN THE CLASS AAA STATE GOLF CHAMPIONSHIP COMPETITION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5276 (Word version) -- Reps. Huggins and McLeod: A CONCURRENT RESOLUTION CONGRATULATING THE 2004 CHAPIN HIGH SCHOOL "FIGHTING EAGLES" GOLF TEAM ON THE SCHOOL'S HISTORIC FIRST CLASS AA SOUTH CAROLINA TEAM GOLF TITLE AND WISHING THE GOLFERS WELL AS THEY MOVE ON TO CLASS AAA COMPETITION NEXT YEAR.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1240 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF THE STATE OF SOUTH CAROLINA IN THEIR PROFOUND SADNESS AT THE LOSS OF FORMER GOVERNOR JOHN C. WEST, A STATESMAN AND A GENTLEMAN WHOSE INTEGRITY DURING TURBULENT TIMES WROUGHT A NEW DAY FOR THIS STATE AND ALL ITS PEOPLE.

Whereas, the Honorable John C. West, Governor of the State of South Carolina from 1971-1975, died Sunday, March 21, 2004, at his home on Hilton Head Island; and

Whereas, he was elected on the theme, "Elect a Good Man Governor", and his public and personal life proved those words to be more than a catch phrase for votes; and

Whereas, during this State's most trying and troubled times, he invoked his compassion and leadership to champion racial harmony in both word and deed: he created the Commission on Human Relations, later to become the Human Affairs Commission, charged with improving human affairs and race relations in South Carolina, and appointed James Clyburn, future United States Representative, as his gubernatorial aide, the first black to hold a high-ranking executive post; and

Whereas, he kept his vow to defeat the State's "vicious cycle of illiteracy, ignorance, and poverty", a cause he advocated as a Senator by sponsoring and gathering support for Governor Fritz Hollings' technical college proposal, and later as Governor himself when he created the State Housing Authority aimed at assisting low-income citizens to find homes; and

Whereas, John C. West was a great salesman for the State, helping to attract hundreds of millions of foreign business dollars to South Carolina and nearly five hundred new businesses; and

Whereas, John C. West was also a great protector of the State, creating the precursor to the current Office of Ocean and Coastal Resources Management to enforce a tough coastal policy considered a model for other states; and

Whereas, his pursuits took him far and wide, including Saudi Arabia as Ambassador for the United States, but when he died, former Governor West was at his home on Hilton Head Island, one of the many barrier islands he cherished as a legacy for the people of South Carolina; and

Whereas, the Kershaw County native is survived by his wife, Lois, and three children, John, Jr., Douglas Allen, and Shelton Anne, and mourned by a saddened South Carolina. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, join the citizens of the State of South Carolina in their profound sorrow at the loss of former Governor John C. West, a statesman and a gentleman whose integrity during turbulent times wrought a new day for this State and all its people.

Be it further resolved that a copy of this resolution be forwarded to his wife, Mrs. John C. West (Lois).

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1241 (Word version) -- Senator Alexander: A CONCURRENT RESOLUTION TO HONOR THE THOUSANDS OF SOUTH CAROLINA FOSTER FAMILIES DURING MAY, "NATIONAL FOSTER CARE MONTH", AND TO EXPRESS THE PROFOUND GRATITUDE AND DEEP APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THESE FAMILIES FOR PROVIDING LOVING HOMES AND NURTURING CARE AND FOR THEIR SELFLESS COMMITMENT TO BETTERING THE LIVES OF CHILDREN IN NEED.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1245 (Word version) -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO RECOGNIZE AND ACKNOWLEDGE THE IMPORTANCE OF LAKE WYLIE AS A REGIONAL RESOURCE OF NORTH AND SOUTH CAROLINA AND TO DECLARE JULY 4, 2004, AS "LAKE WYLIE APPRECIATION DAY" IN SOUTH CAROLINA IN HONOR OF ITS ONE HUNDREDTH ANNIVERSARY.

Whereas, Lake Wylie was first impounded in 1904 and is now one hundred years old; and

Whereas, Lake Wylie is the oldest of the eleven impoundments of the Catawba River; and

Whereas, Lake Wylie is named for Dr. Gil Wylie, who was president of the Southern Power Company which later became Duke Power Company; and

Whereas, Lake Wylie flows in North and South Carolina and is truly a Carolinas' lake; and

Whereas, Lake Wylie has for many years served its citizens and visitors with an abundance of electrical power, drinking water, flood management capabilities, recreation, and other opportunities. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly recognize and acknowledge the importance of Lake Wylie as a regional resource of the two Carolinas and declare July 4, 2004, as "Lake Wylie Appreciation Day" in South Carolina in honor of its one hundredth anniversary.

Be it further resolved that a copy of this resolution be forwarded to the Lake Wylie Marine Commission.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

The SPEAKER granted Rep. COATES a leave of absence for Tuesday and Wednesday due to business.

LEAVE OF ABSENCE

The SPEAKER granted Rep. PHILLIPS a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Marc D. New of North Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. LITTLEJOHN presented to the House Jeremy Longshore, Brock Brigman, and Garrett Blakely of Spartanburg County's Broome High School, recognizing them for their 2004 Class AAA State Championship efforts in the pole vault, high jump, and 400 meters respectively.

The COMMITTEE OF CONFERENCE, to whom was referred: (Doc. No. P:\legwork\house\amend\council\GGS\22713HTC04.DOC)

H. 4925 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS AND TO PROVIDE REVENUES TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 2004; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; AND TO FURTHER PROVIDE FOR THE OPERATION OF STATE GOVERNMENT DURING THE FISCAL YEAR AND FOR OTHER PURPOSES.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

Amend title to conform.

Hugh K. Leatherman Robert W. Harrell, Jr.
Linda Short Daniel Cooper
Thomas C. Alexander William Clyburn
On Part of the Senate. On Part of the House.

Rep. HARRELL explained the Conference Report.

Rep. J. E. SMITH spoke against the Conference Report.

The question then recurred to the adoption of the Conference Report.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

RECORD FOR VOTING

I was temporarily out of the Chamber and would have voted 'yes' on the Appropriation Bill Conference Report.
Rep. Chip Huggins

Rep. J. BROWN moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4409 (Word version) -- Reps. Weeks and G. M. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF HIGHWAY 521 IN SUMTER COUNTY FROM ITS INTERSECTION WITH LAFAYETTE BOULEVARD TO THE SUMTER CITY LIMIT AS "THE MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY" IN HONOR OF DR. MARTIN LUTHER KING, JR. AND TO ERECT APPROPRIATE SIGNS OR MARKERS ALONG THIS PORTION OF THE HIGHWAY CONTAINING THE WORDS "THE MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".

H. 5248 (Word version) -- Reps. E. H. Pitts, Koon and Toole: A CONCURRENT RESOLUTION TO RECOGNIZE THE LEXINGTON HIGH SCHOOL "WILDCATS" BOYS TENNIS TEAM AND THE TEAM'S COACH, ROBBIE HUNTER, ON THEIR OUTSTANDING UNDEFEATED SEASON AND CONGRATULATE THEM ON WINNING THE 2004 CLASS AAAA BOYS TENNIS CHAMPIONSHIP TITLE ON SATURDAY, MAY 8, 2004.

H. 5249 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION JOINING THE CITIZENS OF ORANGEBURG COUNTY AND THE STAFF AND RESIDENTS OF THE METHODIST OAKS IN EXPRESSING THEIR SORROW AT THE DEATH OF MARY ELIZABETH PHELPS THOMAS AND THEIR OUTRAGE AT THE CONTINUED TOLL DOMESTIC VIOLENCE TAKES ON THE PEOPLE OF SOUTH CAROLINA.

H. 5253 (Word version) -- Reps. G. M. Smith, Weeks, G. Brown and Coates: A CONCURRENT RESOLUTION TO CONGRATULATE CORPORAL CARROLL WELCH OF THE SOUTH CAROLINA HIGHWAY PATROL UPON HIS RECEIPT OF THE BRONZE STAR FOR EXCEPTIONAL MERITORIOUS SERVICE IN IRAQ AS A MEMBER OF THE ARMY NATIONAL GUARD.

H. 5255 (Word version) -- Rep. Rivers: A CONCURRENT RESOLUTION TO COMMEND MAGISTRATE BOBBY O. SMITH OF GRAYS, SOUTH CAROLINA, FOR A DISTINGUISHED MAGISTERIAL CAREER IN JASPER COUNTY UPON HIS RETIREMENT AS MAGISTRATE.

H. 5256 (Word version) -- Rep. Skelton: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE DR. PAUL PRICHARD, PRINCIPAL OF CLEMSON ELEMENTARY SCHOOL, UPON HIS RETIREMENT AFTER A FORTY-THREE YEAR CAREER IN EDUCATION AND TO EXTEND BEST WISHES TO HIM IN ALL OF HIS FUTURE ENDEAVORS.